The ENCJ Newsletter for the 4th quarter of 2023 is now available!
Please take a look on the latest developments regarding the judiciary in Italy, Latvia, Slovenia, Spain and Sweden. You can also find links to the relevant opinions of the Venice Commission.
- ENCJ Office tam
Letter from the President of the OBT (Council for the Judiciary of Hungary) on the situation regarding judicial remuneration
On 3 January 2024 the President of the OBT (Council for the Judiciary of Hungary) has informed the President of the ENCJ of the current situation of judicial salaries in Hungary.
On 28 December 2023 President of Sodni svet (Council for the Judiciary of Slovenia) has informed the ENCJ that despite the issue being raised in the Rule of Law report of 2023 and the decision of the Constitutional Court of the Republic of Slovenia of 30 June 2023, which, on request from the Judicial Council, declared the judges’ salaries as unconstitutional and contrary to the principle of judicial independence due to the disrespect of the constitutional requirement of their stability, the situation remains unchanged.
Plenary session of the CGPJ Spain adopts a resolution on creation of Commissions of Inquiry in the Congress of Deputies
On the 21st December, 2023 Council for the Judiciary of Spain (hereinafter - CGPJ Spain) in its plenary session adopted a resolution on the creation of the Commissions of Inquiry in the Congress of Deputies and the implications this may have on judicial independence.
Statement and resolution adopted by the General Council of the Judiciary (CGPJ) of Spain on the evolving situation regarding the rule of law
Recent developments in Spain have raised concerns of the General Council of the Judiciary of Spain with regard to fundamental principles of the rule of law, separation of powers, and judicial independence.
The issue lies with the proposed amnesty legislation. For more information please see the statement and the resolution adopted by the Council, which provide insights into the proposed legislation and its potential implications.
The European Commission published its fourth annual Rule of Law report (2023). The Report sets out key elements of the rule of law developments in the European Union and presents Member State-specific assessments in 27 country chapters. The report covers four pillars: national justice systems, anti-corruption frameworks, media pluralism and other institutional checks-and balances. There is a general report, country chapters with a more detailed analysis for each Member State and as of this year the report also includes specific recommendations to all Member States.
At the General Assembly in Ljubljana 7-9 June 2023, the ENCJ adopted the 2022-2023 Report on the Independence, Accountability and Quality of the Judiciary.
The Report deals with several issues:
In relation to Independence and Accountability, the main findings are that :
On 9 June 2023, the ENCJ adopted the model of a Code of Conduct for Members of Councils for the Judiciary.
Topics addressed by the model of a Code of Conduct are: integrity, independence and impartiality, competence, cooperation, respect, loyalty, transparency and obligation of reserve and discretion.
On 7-9 June, 2023 ENCJ General Assembly on a topic "Courts fit for the future" took place in Ljubljana, Slovenia. The ENCJ General Assembly was hosted by Sodni Svet.
In view of the further deterioration of the problem of insufficient (inadequate) judicial remuneration observed in several Members of the ENCJ, the Executive Board adopted the following statement.
Independent judiciary in each Member State is crucial for ensuring the fundamental values of Art. 2 TEU, on which the European Union is founded. Financial security is an important component of judicial independence.